President Joe Biden Jan. 5 signed into law an AFGE-backed bill eliminating two controversial rules that have caused public servants to lose two-thirds or even the entire amount of their Social Security benefits.
The Social Security Fairness Act, H.R. 82, repealed the Windfall Elimination Provision, or WEP, and the Government Pension Offset, or GPO, that have been in place for decades.
“The bill I’m signing today is about a simple proposition: Americans who have worked hard all their lives to earn an honest living should be able to retire with economic security and dignity,” Biden said. “The law that existed denied millions of Americans access to the full Social Security benefits they earned by thousands of dollars a year.”
More than 2 million retired public employees, spouses, and survivors affected by the WEP/GPO should receive an average monthly increase of $360. They will also receive a lump sum payment of thousands of dollars to make up for what they should have received last year.
At the urging of AFGE and allies, the House passed H.R. 82 in November and the Senate followed suit in December with a 70-26 vote.
AFGE thanks the bill’s sponsors – Reps. Abigail Spanberger, D-Va., and Garrett Graves, R-La., for pushing for the repeal of WEL/GPO. We also thank Sens. Sherrod Brown, D-Ohio, and Susan Collins, R-Maine, for leading the fight in the Senate. The vote for the bill was the last thing the Senate did at midnight before heading out of town.
AFGE went all out for this bipartisan bill, including participating in a rally for the bill in the rain. We have been working this issue for decades.
The Social Security Administration (SSA) said it is in the process of implementing the law.
For those who previously filed for Social Security benefits that are currently partially or completely offset, “At this time, you do not need to take any action except to verify that we have your current mailing address and direct deposit information if it has recently changed. Most people can do this online with their personal my Social Security account without calling or visiting Social Security,” the agency announced on its website.
For those who have not previously filed for Social Security benefits, “If you are receiving a public pension and are interested in filing for benefits, you may file online at ssa.gov/apply or schedule an appointment.”
GPO penalized public servants who receive a government pension and are also eligible for Social Security benefits of their spouse. This provision reduces survivors’ benefits for spouses, widows, and widowers.
WEP penalized those who have paid into Social Security at work but also receive a pension or a disability benefit from a prior employer that did not withhold Social Security payroll taxes, such as older federal retirees working under the Civil Service Retirement System (CSRS), state and local government employees including teachers, firefighters, and law enforcement officers.
AFGE President Everett Kelley was at the ceremony where Biden signed the bill into law. He reflected on the importance of its passage, which also affects him personally:
“What do I think about when I witness the Social Security Fairness Act being signed by president? I think of my very first Legislative Conference in Washington D.C., sponsored by AFGE, where we were lobbying Congress to repeal two provisions of law— I think of the nearly 3 million public workers who will finally get the full Social Security benefits that they have worked all their life for. Thank you, President Biden.”
“I think of the many years and hours AFGE staff and others have worked to bring this chapter to a close. Lastly, I think of one of my mentors and dear friend, the late Anthony J. Young. Anthony, as the Alabama State Council President for AFGE Locals, was the first person to explain to me how, because I was a public servant, I would not get all of my Social Security benefits, even though I paid into it. Anthony fought for this bill to be repealed for many years. Today, my friend would be happy to know that President Joe Biden signed into law the Social Security Fairness Act repealing the unjust law and that I was personally present for the signing of this bill. Thank you, Anthony, for getting me involved in this fight.”
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